TERMS & CONDITIONS
Please go through these terms and conditions (“Terms”) carefully.
M-SWASTH Solutions Private Limited, having its registered office at No.2737/1, Third Floor, 27th Main, Sector-1, HSR Layout, Bangalore India, 560102 (hereinafter referred to as “M-SWASTH” or “Company”), is the author and publisher of the internet resource and its website / mobile application (together referred as “Website”).
These Terms constitute a legal agreement between the User (as defined below) and the Company in connection with your visit to the Website and your use of the Services (as defined below).
1.INTRODUCTION
The Company is a digital healthcare service provider pioneering in the virtual OPD care in India offering telemedicine services or facilities requiring diagnosis or treatment, including but not limited to illness, injury, deformity, abnormality, pregnancy or any other disease or ailment.
2.NATURE AND APPLICABILITY OF TERMS
These Terms applies to you if you are a patient, his/her representative intending to use the Services offered by the Company through our Website (“End-User”, “you” or “User” or “Enrolled Customer”).
Please read these Terms carefully before accessing or using the Website.
You can review the most current version of the Terms at any time on the Website. We reserve the right to modify or terminate any portion of the Terms for any reason and at any time. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Your access to the Website and the Services will be solely at the discretion of the Company.
3.SERVICES PROVIDED
Set out below are the Services provided by the Company:
a.Online medical consultations/ follow-up consultations/ second opinion consultations being offered by Resident Doctors/consultants who are medical practitioners and duly registered with the Medical Council of India and State Medical Council (as applicable) (“Registered Medical Practitioners”) via e-clinics/telehealth/offline clinics and health camps. The consultations shall mean providing, assisting and facilitating all consultations Services provided by the Registered Medical Practitioners at the e-clinics/offline clinics via technology as per the applicable laws, guidelines, regulations and professional etiquettes .
b.E-clinic services providing primary health care across rural areas in India, wherein e-clinic services refer to-
Offline touchpoints for rural customers to facilitate video calls and get primary health care services where the Company has appointed healthcare assistants (ANM/GNM qualified) at the Clinic to assist the patients to connect and consult with Registered Medical Practitioners on video calls or offline at the clinic.
c.Preventive Healthcare Consultation
d.Health Camps with on-site doctors
e.Basic Health Packages
(Collectively referred to as “Services”)
Please note that the Services are not intended to be a substitute for getting in touch with emergency healthcare services. If you are an patient facing a medical emergency (either on you or behalf of any another person), please contact an ambulance service or near available hospital directly.
4.TERMS OF USE
a.By accepting to avail any of the Services of the Company, you agree to abide by these Terms defined by the Company, and it is termed as your consent to proceed with Services under the prevailing/applicable law. Further, any individual can expressly agree to not use the Services of the Company if you do not understand or accept these Terms of the Company.
b.The Company will collect your identifiable health information including physical, physiological, mental health condition, medical records, history and personal information of the patients (collectively referred to as “Sensitive Information”) as part of Services. The use of your Sensitive Information which includes your health information will be governed by the Company’s Privacy Policy. By accepting these Terms at the time of registering or otherwise by providing your Sensitive Information, you consent to Company’s Privacy Policy as well.
c.You agree that Company can record, save, and store all online/offline health records / instant messaging/ chat consultations/text messages/ audios/ videos/ transcripts/ prescriptions/ email and hard copy correspondences for improving the quality and record purposes of the Company and may produce these as evidence if required before or directed by a court of law.
d.You shall be solely responsible for the Sensitive Information provided by you and are requested to provide such information at your own sole discretion. The Sensitive Information provided by you shall be considered as correct and accordingly, the Services shall be rendered to you by the Company.
e.The Company will ensure that the User is provided with confirmed appointments upon availing Services on the Website or at the E-Clinic /offline clinic set up. However, the Company has no liability if such an appointment is later cancelled by the Registered Medical Practitioners, or if the same Registered Medical Practitioners are not available for the appointment.
f.The Company reserves the right to refuse service or terminate accounts at its sole discretion if it has a reason to believe that you have violated or are likely to violate applicable laws and regulation of these Terms.
g.The Registered Medical Practitioners shall take appropriate decision(s) based on the Sensitive Information provided by you at the time of availing the Services. Hence, the onus of providing Sensitive Information which is true, accurate, current and complete in nature is upon you.
h.The Registered Medical Practitioners based upon his/ her professional judgment, may prescribe /suggestcertain diagnostic tests to advice the future course of treatment for the Enrolled Customers.
i.Any advice provided by the Registered Medical Practitioners shall depend solely on the completeness and accuracy of the Sensitive Information provided by you.
j.The Company will capture and record the medical advice via its own developed system to record medicine (if any) or medical advice electronically via an e-prescription which may be sent to the Enrolled Customers at their registered mobile number or email address.
k.No discrimination shall be made based on caste/creed/religion/gender etc., and the Company shall ensure proper rendering of facility Services and availability of Services to the Enrolled Customers.
l.By using any of the Services of the Company, one hereby unconditionally gives their consent, subject to the provisions of applicable law, for Company or its representatives to contact one by telephone, SMS, or any other mode in relation to the Services as well as for the promotion of its services and products; It is the User’s responsibility to ensure that the contact details provided are correct.
m.The Company will directly resolve any product/policy-related issues with the Enrolled Customers to solve issues related to services/product-related issues/service requests from Enrolled Customers for resolution. Further, the Registered Medical Practitioners are liable to provide Services and further course of treatment in accordance with the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002, Tele-Medicine Practice Guidelines of 2020 and other prevailing regulations/laws, as may be modified from time to time.
5.PROFILE, COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE INFORMATION
a.The User is expected to read and understand the Privacy Policy as available on the Website of the Company, so as to ensure that he or she has the knowledge of, inter-alia:
i.the fact that the Company collects their information;
ii.the purpose for which the information is being collected;
iii.the intended recipients of the information;
iv.the nature of collection and retention of the information; and
v.the various rights available to such Users in respect of such information.
b.The Company shall create a profile (“M-Swasth Profile”) to store the Sensitive Information shared by the User online during the time of registration and consultation, including medical & personal history, health conditions, allergies, and medications.
c.Any Sensitive Information provided as part of a consultation or obtained from the use of the Services by the User, becomes part of the record (“Your M-Swasth Record”).
d.The Sensitive Information provided by an User may be used by us for the purpose of Services including analysis, research, training, and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in our Privacy Policy.
e.For additional information regarding the use of Sensitive Information about you, please refer to the Privacy Policy.
f.The terms “Sensitive Information” and “Personal Data or Information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy. The Privacy Policy sets out:
(a)The type of information collected from Users, including Sensitive Information or Personal Data or Information;
(b)The purpose, means and modes of usage of such information; and
(c)How and to whom the Company will disclose such information.
g.The Company shall not be responsible in any manner for the authenticity of the Sensitive Information or Personal Data or Information supplied by the Users to the Company or any other person acting on behalf of Company.
h.You are responsible for maintaining the confidentiality of the your account access information and password on the Website. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses caused to the Company or such other parties as the case may be, due to any unauthorized use of your account.
i.The SPI Rules only permit the Company to transfer Personal Data Or Information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.
j.The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
k.If the Company determines that you have provided fraudulent, inaccurate, or incomplete information (or becomes untrue, inaccurate, not current or incomplete), including through feedback, the Company reserves the right to immediately suspend or discontinue your access to the Website or any of your accounts with the Company and makes such declaration on the Website alongside your name/your clinic’s name as determined by the Company for the protection of its business and in the interests of Users. You shall be liable to indemnify the Company for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected the Company.
6.CONDITIONS OF USE
You must be 18 (Eighteen) years of age or older to register for the Services for your family or visit or use the Website in any manner. By registering, visiting and using the Website or our Services or accepting these Terms, you represent and warrant that you are 18 years of age or older and that you have the right, authority and capacity to use the Website and the Services available through the Website and agree to abide by these Terms. The Company does not provide any medical services for children aged 1 (One) year and below. In case of minors (below 18 (Eighteen) years of age), they have to be accompanied by their parents or legal guardians to avail our Services.
7.LIABILITY
a.To the maximum extent permitted by applicable law(s), the Company, its affiliates, independent contractors, service providers, partners, consultants, licensors, agents, partners and representatives, and each of their respective directors, officers or employees (“Protected Enty/ies”), shall not be liable for any indirect, special, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to:
i.the use of, or the inability to use, the Services, Website or the content, materials and functions related thereto; and
ii.User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
b.The Protected Entities shall not be responsible for any damage, whether physical, emotional, psychological, or financial, caused to you due to any improper/unintended use of the Services, which includes but is not limited to the misinterpretation of the advice given by any Registered Medical Practitioners or health service to you, any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website, any unauthorized access to or alteration of your transmissions or data, or any other matter relating to Website or the Service.
c.The Company disclaims any liability in relation to the validity of the medical advice provided by the Registered Medical Practitioners and the validity and legality of the prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of a medical condition by the Registered Medical Practitioners and/ or arising from the e-prescription/offline prescription will be of the Registered Medical Practitioners.
d.The Services provided by the Company or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company does not provide or make any representation, warranty, or guarantee, express or implied about the Website or the Services. To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations, and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by the Company or any User in relation to any User or services provided by such User.
e.The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using the Website.
8.INDEMNITY
The Users agree to defend, indemnify and hold harmless the Company, and the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Users’ access to or use of Website; (b) Users violation of these Terms or any applicable law(s); (c) Users violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Users’ conduct in connection with the Website or (e) due to incorrect Sensitive Information provided by the User.
9.FORCE MAJEURE
User accepts and acknowledges that the Company shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of the Company), or any other delay or default or deficiency or failure which arises from causes beyond the Company’s reasonable control (“Force Majeure Event”). In case of any Force Majeure Event arising, the Company, depending on whose performance has been impacted under these Terms, shall immediately give notice to the Users of the facts which constitute the Force Majeure Event.
10.GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any contractual obligation will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to other party(s) access to, or use of, the Website or these Terms shall be subject to the exclusive jurisdiction of the courts at Gurugram.
Any dispute, claim or controversy arising out of or relating to these Terms shall be determined by arbitration proceedings, before a sole arbitrator mutually appointed by the parties which shall be conducted in English Language and a record of the proceedings and of all documents and communications between the parties shall be maintained in English. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and the rules framed thereunder. The seat of arbitration shall be Gurugram. The award passed by the sole arbitrator shall be final and binding on the parties. The parties shall bear equally the costs of the arbitration. Each party shall pay its own attorneys’ fees, witness fees and other expenses or costs incurred for its own benefit.
11.SEVERABILITY
If any provision of these Terms is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
12.WAIVER
No provision of these Terms shall be deemed to be waived and no breach excused, unless such waiver or consent is made in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13.CONTACT INFORMATION
If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at [email protected]. If any other party(s) has any questions concerning the Company, the Website, these Terms , or anything related to any of the foregoing, Please also refer to our grievance redressal policy available at GRIEVANCE REDRESSAL POLICY.